Hughes v Commissioner of Police, NSW Police Force [2023] NSWCATAP 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hughes v Commissioner of Police, NSW Police Force [2023] NSWCATAP 150 Hearing dates: 27 January 2023 Date of orders: 6 June 2023 Decision date: 06 June 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Robertson, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: ADMINISTRATIVE LAW – Firearms Act 1996 (NSW) – Revocation of firearms licence – Safe storage requirements – Condition of licence that licensee required to permit inspection of storage facilities – Condition not complied with where facilities are not reasonably accessible and inspection is not reasonably practicable – Not sufficient that access could have been provided by removing roof if notice had been given – Firearms amnesty – Registration of firearm during amnesty does not preclude any subsequent consideration of the fact that the licensee had previously been in possession of an unregistered firearm. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Hughes v Commissioner of Police, NSW Police Force [2022] NSWCATAD 219 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Reid v Commercial Club (Albury) [2014] NSWCA 98 Ros v Commissioner of Police [2020] NSWCATAP 70 Wootten v Godfrey [2019] NSWCATAP 255 Texts Cited: Nil Category: Principal judgment Parties: Kevin Hughes (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant (Self-represented) Maddocks Lawyers (Respondent) File Number(s): 2022/00222610 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 219 Date of Decision: 1 July 2022 Before: D Dinnen, Senior Member File Number(s): 2021/00057841